BILL ANALYSIS Ó
SENATE COMMITTEE ON AGRICULTURE
Senator Cathleen Galgiani, Chair
2015 - 2016 Regular
Bill No: AB 1810 Hearing Date: 6/21/16
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|Author: |Levine |
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|Version: |6/15/16 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Anne Megaro |
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Subject: California Seed Law: exclusions: noncommercial seed
sharing
SUMMARY :
This bill would define "seed libraries" and require seed library
registration with the California Department of Food and
Agriculture (CDFA); declare that the California Seed Law is
intended to support noncommercial seed sharing, including
through seed libraries; and exempt seed distributed or received
by seed libraries from seed labeling requirements.
BACKGROUND AND EXISTING
LAW :
The California Seed Law (CSL) was enacted in 1967 to ensure that
agricultural and vegetable seed is properly and accurately
identified on the product label. Seed is analyzed through the
Seed Services Program administered by CDFA. The CSL is locally
enforced by county agricultural commissioners, who enter into
cooperative agreements with the secretary of CDFA and agree to
maintain a statewide compliance level on all seed sold in the
county. Funding for this program is entirely supported through
industry seed assessments and registration fees and is
administered by CDFA. (Food and Agriculture Code (FAC) §52251,
et seq.).
The Seed Advisory Board was created to make recommendations to
the secretary of CDFA in regards to seed law and regulations,
enforcement, seed laboratory diagnostics, and annual budgets.
AB 1810 (Levine) Page 2 of ?
Advisory board members are appointed by the secretary. The board
consists of registered seed labelers representing seed
production, conditioning, marketing and utilization; persons who
receive or possess seed for sale in California; and two members
of the public.
Existing law:
1) Authorizes the secretary of CDFA to regulate seed sold
in California to ensure that agricultural and vegetable
seed is properly and accurately identified on the product
label (Food and Agricultural Code § 52251 et seq.).
2) Requires seed labels to include, among other
requirements, seed name and variety, weight, germination
percentage, and name and address of the person selling the
seed.
3) Requires every person selling agricultural or vegetable
seed in California to register with CDFA to obtain
authorization to sell seed, as specified.
4) Requires registered persons to pay a maximum assessment
fee of 40 cents per $100 gross annual dollar volume sales.
5) Establishes the Seed Advisory Board to make
recommendations to the secretary of CDFA in regards to seed
law and regulations, enforcement, seed laboratory
diagnostics, and annual budgets.
PROPOSED
LAW :
This bill:
1) Defines "seed library" to mean a registered
noncommercial entity that lends, receives, or gives away
seed at a place or event without creating a contractual
obligation or an expectation to receive anything of value
in return.
2) Exempts seed distributed or received by seed libraries
from seed labeling requirements.
3) Declares that noncommercial seed sharing contributes
AB 1810 (Levine) Page 3 of ?
significant value to the health of communities and the
resilience of the food system and declares that the
California Seed Law is intended to support noncommercial
seed sharing, including through seed libraries, but is not
intended to supersede any provision of the California Rice
Certification Act of 2000.
4) Authorizes CDFA to require any person or organization
that operates a seed library to provide notification of its
operation. The notification shall only include the
entity's name and address and the contact information of
the responsible party. No fee shall be assessed for this
form, and no person shall be subject to penalties for
failing to provide this notification without first
receiving a written request to do so.
ARGUMENTS IN SUPPORT:
According to the author, "Seed libraries provide communities
with free heirloom seeds, thereby empowering people to grow
affordable healthy food, preserve culturally significant seed
and adapt seed to local conditions. There are 450 seed
libraries in the United States with 38 of those in California.
The California Seed Law is intended to regulate seed sold to
large scale agri-business, and that the testing and labeling
requirements are burdensome and not feasible for community based
seed sharing. The technical clarification to current law will
ensure clarity."
COMMENTS :
Need for this bill. Community seed-sharing events are growing in
popularity with the goal of preserving and increasing seed
genetic diversity. However, current law does not recognize the
sharing of seeds on a small community scale, and supporters of
this bill are concerned that the state could regulate the sale
of such seed according to the California Seed Law, which would
be infeasible due to labeling requirements such as detailed seed
labels and germination tests. This bill would define "seed
libraries" and exempt them from seed labeling requirements.
AB 1810 (Levine) Page 4 of ?
CDFA Seed Advisory. On March 1, 2016, CDFA issued a seed
advisory regarding seed libraries, seed banks, and seed
exchanges. There had been several inquiries about whether these
entities are required to obtain authorization to sell seeds per
the seed law (Food and Agricultural Code § 52351) and whether
they are "selling' seeds per the definition provided in FAC §
44. CDFA made the following determinations:
1) Seed library activities do not meet the definition of
"sell," and seeds loaned to patrons are not subject to
labeling requirements. Patrons, however, are not expected
to provide any additional fees or services in exchange for
their participation.
2) Seed exchanges do meet the definition of "sell" and must
comply with labeling requirements. Only the seed exchange
organization, and not individual participants, needs to
obtain authorization to sell seeds.
This CDFA advisory, however, did not provide a definition for
"seed library."
Seed progeny. The California Guild and the Seed Library of Los
Angeles are in a support if amended position because they are
concerned that the current definition of "seed library" in this
bill could prevent a seed library from hoping that a seed
borrower would return some of the progeny of the lended seed.
According to these organizations, without this seed being
returned, seed libraries will be unable to fulfill their central
mission of ensuring that the food supply retains sufficient
plant varieties locally and is responsive to the growing need to
expand plant varieties what have been severely diminished in
recent years.
RELATED
LEGISLATION :
AB 2470 (Salas), Chapter 294, Statutes of 2014. Clarifies the
definition of "person" to include corporations; clarifies the
definition of "neighbor" to allow for the occasional sale of
grain seed by the producer to their neighbor within three miles;
prohibits the adoption or enforcement of a local ordinance that
regulates plants, crops, or seeds without the consent of the
secretary of CDFA.
AB 1810 (Levine) Page 5 of ?
SB 1399 (Galgiani), Chapter 277, Statutes of 2014. Extends to
January 1, 2020, the operation of provisions of the California
Seed Law, including a subvention program, and gives greater
discretion to CDFA to determine the formula used to reimburse
county agricultural commissioners for their work enforcing the
seed law.
SB 1187 (Rubio) of 2012. Would have added "corporation" to the
definition of "person" within the California Seed Law and would
have defined "neighbor" to mean a person living within three
miles of another. Died on the Assembly Floor on the Inactive
File.
PRIOR
ACTIONS :
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|Assembly Floor: |73 - 1 |
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|Assembly Appropriations Committee: |14 - 2 |
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|Assembly Agriculture Committee: | 8 - 1 |
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SUPPORT :
Olive Elementary School, Novato Unified School District, 2015-16
fourth grade class and teachers (Sponsor)
Alameda County Board of Supervisors
Ashland Cherryland Food Policy Council
California FarmLink
Center for Food Safety
City of Encinitas
Community Alliance with Family Farmers
Earthshed Solutions
Ecology Center
El Cerrito City Council
The Farmers Guild
Foothill Collaborative For Sustainability
Humboldt Food Policy Council
Oakland Public Library
AB 1810 (Levine) Page 6 of ?
Occidental Arts and Ecology Center
Orange County Food Access Coalition
Orange Home Grown
Richmond Grows Seed Lending Library
Seed Savers Exchange
Slow Food California
Sustainable Economies Law Center
University of San Francisco Seed Library at Gleeson
Library/Geschke Center
7 individuals
OPPOSITION :
None received
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